What to know before weather-related disaster hits

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When catastrophe strikes, homeowners typically rely on their insurance companies to guide them through unfamiliar territory. Susan Jones did and wishes she hadn't.

When catastrophe strikes, homeowners typically rely on their insurance companies to guide them through unfamiliar territory.

Susan Jones did and wishes she hadn't.

The Grandview Heights resident spent the recent brutal winter with only a tarp separating a bedroom from the cold and snow after a tree crashed into her home in November.

The disaster sparked a war between Jones and a contractor that has yet to reach a truce.

After catering to trick-or-treaters on Halloween, Jones and her 17-year-old son, Sam, hit the sack. Just before 1 a.m., they were awakened by what sounded like an explosion coming from the room of Jones' other son, Nathan, who was at college.

With the electricity suddenly gone, Jones rushed blindly into the room to find a giant oak in her son's bedroom.

"The walls and ceilings had collapsed," she recalled. "It looked like snowfall, with all the insulation raining down."

Jones first called her State Farm agent. The call was forwarded to an emergency line, and a representative said a State Farm adjuster would contact her the next day.

Jones also left a message with Davey Tree, which removed the tree early the next morning.

Also that morning, Jones said, a State Farm claims adjuster called and told Jones that he was sending to the house someone from the Westerville company Paul Davis Restoration & Remodeling.

Jones said she didn't ask for a recommendation and that State Farm simply informed her that it was sending the company. State Farm spokeswoman Angie Rinock declined to address specifics of Jones' case but said generally that State Farm only suggests such companies and that clients aren't obligated to follow the recommendation.

A few hours later, someone from Paul Davis Restoration (which receives an A rating from the Central Ohio Better Business Bureau and a B from Angie's List) surveyed the damage and gave Jones a paper to sign, according to detailed notes kept by Jones.

"He said, 'The sooner you sign this, the sooner we can get started,' " recalled Jones, an entomologist at Ohio State University.

Jones said she thought she was just authorizing the company to do preliminary work. She didn't realize until more than a week later that she had signed a contract requiring her to "promptly" pass along any payments received for the claim from State Farm.

Jones said the Paul Davis Restoration worker said the company needed $1,000 to get started, which she paid. The next day, a worker placed a tarp over the hole in the roof.

Then Jones waited, and temperatures plunged.

Two-and-a-half weeks later, after Paul Davis Restoration estimated the repairs at $44,258, Jones said State Farm sent her a check for $27,000 as a first payment.

She deducted expenses she had already borne, including those for the tree removal, and on Nov. 22 paid Paul Davis Restoration the balance of $21,426. Five days later, she paid the company $2,650 from an additional payment she had received from State Farm for the tarping.

As weeks passed, Jones grew impatient with the lack of progress - which, according to Jones' notes, had largely consisted of cleaning and removing damaged materials to prepare the room for reconstruction.

On Dec. 12, the local manager of Paul Davis Restoration, Adam Weigand, met with Jones to discuss the project. The two failed to reach an agreement and parted ways without settling on the amount that Jones was due back.

Jones concluded that she had paid Paul Davis Restoration $25,076 - $18,743 of which the company owed her back. Weigand, in an email to Jones, said the company instead owed her $13,445.

Using much of her own money, Jones hired another contractor to resume the job.

Karen Christophersen, office manager for Paul Davis Restoration, said the company sent Jones a refund check on Jan. 24. Christophersen declined to reveal the amount but said the check has not been cashed. Jones said she never received a check.

On Feb. 20, Jones sued Paul Davis Restoration, claiming that she is owed more than $25,000, plus legal fees and punitive damages. State Farm isn't named in the suit, but Jones is angry with the insurer because she thinks it steered her toward a particular contractor at a traumatic time.

Jones' attorney, Brian Garvine, thinks State Farm suggested the wrong contractor for the job but doesn't think the insurer is legally liable.

"In the eyes of the law, it's just like you and me getting a recommendation on where we should get a car repaired," he said. "You can't blame the person who recommended it."

Though not speaking directly to Jones' case, State Farm's Rinock said its agents understand the urgency of disasters, which is why they suggest contractors when asked but leave the final decision to homeowners.

"It's up to the customer to make the choice," she said. "Sometimes, though, they do ask our agents if they know of a contractor. If asked, they may be given some names, but it's ultimately up to the customer to do their homework and choose them."

Jones said she was led to believe that the decision had been made for her.

"I was under the impression that I had to go with them," she said. "All they said is they're sending someone over. I just thought I didn't have a choice."

Consumer advocates say other people can learn from Jones' experience.

"Homeowners need to know about these things as we head into the storm season," said Joan Coughlin, spokeswoman for the Central Ohio Better Business Bureau.

The most important lesson, Coughlin said: Choose your own contractor.

Although insurers often recommend companies, they can't require clients to hire a particular company, said Mary Bonelli, a spokeswoman for the Ohio Insurance Institute, which represents property and casualty firms .

"A homeowner is not obligated to use a repair service or contractor that is suggested by an insurer," Bonelli said. "It's completely up to the homeowner to select the contractor who handles their repairs."

In a major emergency such as the one Jones faced, consumer advocates suggest hiring a company to secure the property, then seeking bids on the repair work.

"When your home is damaged, you want things fixed - and fast - so life can get back to normal," according to advice sent by Angie's List spokeswoman Jodie Kehoe. "But rushing through the hiring process is never a good idea.

"Call at least three reputable contractors before making a decision," the advice continues. "Get apples-to-apples estimates for the repairs you'll need."

Finally, because insurance companies sometimes pay a homeowner the entire claim upfront, advocates say that consumers should never agree to pass insurance payments immediately to a contractor.

"We recommend not paying in full upfront," Coughlin said. "The consumer needs to deposit those funds and treat it like any other contract."

Ohio law restricts the amount of money contractors can take as a deposit to 10 percent of the total cost, plus any amount for special materials that aren't returnable.

Jones' lawsuit accuses Paul Davis Restoration of violating this law by accepting more than 50 percent of the contract total before work had significantly progressed.

Christophersen, with Paul Davis Restoration, said the company includes that clause in the contract to protect itself from homeowners who collect insurance payments without passing the money to the contractor.

With the help of another contractor, Jones is wrapping up the repairs.

She thinks her persistence derives from her background. Her family of seven, she said, grew up with "nothing" in an 800-square-foot house in Lake Charles, La.

"They underestimated me," Jones said. "In my position at OSU, I look out for the underdog. I'm tenacious."

jweiker@dispatch.com

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